Customer Shipment Protection Terms
Last updated: September 23, 2024
Stord Shipment Protection is provided by U-PIC Insurance Services, Inc. under California Dept. of Insurance License #0E61972 through The Continental Insurance Company. Stord is a service provider and not a broker of insurance or an insurance company.
Customer Shipment Protection Terms
These Shipment Protection Terms shall only apply to Stord Service Agreements in which Customer has elected to receive Shipment Protection Services from Stord. By executing the Service Agreement and accepting the Shipment Protection Services, Stord and Customer (i.e, the ecommerce merchant) agree to these Shipment Protection Terms and the General Terms. Capitalized terms not defined herein are defined in the General Terms. In the event of any conflict or inconsistency between the Agreement and the Shipment Protection Terms, the Shipment Protection Terms shall control solely with respect to Shipment Protection Services.
Stord may from time to time change these Shipment Protection Terms. Any changes are effective immediately upon posting on Stord’s website at https://www.stord.com/legal/shipment-protection-terms.
1. Definitions.
“Customer” in the context of Shipment Protection Services, is as defined in the General Terms, and an ecommerce merchant.
“End User” in the context of Shipment Protection Services means the end customer of Customer receiving the Parcel(s).
“Insurer” means The Continental Insurance Company.
“Parcel(s)” means the merchandise, small packages, or property that the Customer tenders to Stord for Parcel Services.
“U-PIC” means U-PIC Insurance Services, Inc. and is a licensed insurance producer providing the Shipment Protection Services under California Dept. of Insurance License #0E61972.
2. Terms and Conditions of Use. The services under these Shipment Protection Terms and the U-PIC Program, as defined below (collectively the “Shipment Protection Services”) are provided by U-PIC, and are governed by and subject to the following: https://u-pic.com/stord-coverage (the “Coverage Terms”). By using the Shipment Protection Services, Customer agrees to the Coverage Terms also agrees that its End Users must also agree to be bound to the Coverage Terms and the End User Shipment Protection Terms (https://www.stord.com/legal/shipment-protection-terms). UPIC’s California Department of Insurance License #0E61972. Stord is not an insurer or insurance company. Stord is a logistics service provider and provides Software Services for ecommerce enablement to Customers, including Shipment Protection Services at the online point of sale of Customer. Customer’s use of the software related to the Shipment Protection Services is governed by the Software Terms (https://www.stord.com/software-terms) Shipment Protection.
3. Overview. U-PIC has established an insurance program (the “U-PIC Program”) to provide insurance for parcels for which Stord arranges transportation originating from each of the 50 states within the United States of America, the District of Columbia, and Canada when Parcel insurance is purchased by an End User when completing a purchase from an ecommerce merchant (i.e, a Stord “Customer”). Shipment Protection Services are offered for Parcels shipped domestically within the United States or Canada, or shipped international from the USA or Canada; subject to U-PIC’s restricted countries list. Stord does not represent or warrant that the Shipment Protection Services are available in other locations except as stated in the Coverage Terms. Insurance under the U-PIC Program is provided pursuant to a master policy (“Policy”) issued to U-PIC by the Insurer and coverage is subject to all terms and conditions of the Policy as established by the Insurer, as amended from time to time. Subject to the terms and conditions of the Policy, the U-PIC Program insures the parcel and its contents against damage or loss from external cause while in transit between the origin and destination points arranged by Stord. U-PIC then issues certificates of coverage under the Policy identifying the Customer as the insured to cover each Parcel up to the values reported to U-PIC for the given Parcel at Customer’s online point of sale. The Customer may at its discretion either opt-in all End Users for coverage on Parcels or allow each End User to select coverage for a Parcel at the point of sale at the End User’s discretion.
4. Shipment Protection Claims. Claims for coverage issued under the U-PIC Program must be submitted to U-PIC directly by the End User or Customer through an online claim portal provided by Stord that routes all claims to U-PIC. U-PIC, acting as an agent for the Insurer, shall pay all claims directly to Customer within 7-10 business days following receipt of a filed claim via a properly completed claim form, subject to U-PIC’s ability to deny claims in a manner consistent with the terms of the governing insurance Policy. If an End User’s parcel has been insured through the U-PIC Program, Customer agrees that the sole remedy for any claim related to such Parcel shall be pursuant to the U-PIC Program, and Customer may not claim Stord for such Parcel orders. If a claim is paid to Customer by U-PIC, it is then Customer’s responsibility to either: (i) pay the claim to refund the purchase price of the End User’s applicable order to the End User; or (ii) request Stord to send a replacement Order to the End User, for which Stord will be compensated for pursuant to the Agreement. Among the parties, U-PIC is solely responsible for the administration and payment of all claims with respect to insurance issued under the U-PIC Program to the Customer, and the Customer is solely responsible to the End User to remit payment of a claim (if any). Customer agrees to work in good faith to resolve claims. U-PIC reserves the right to discontinue and remove Customer or an End User from the insurance program due to excess claims or fraudulent activity, or any other reason deemed harmful to the U-PIC Program.
5. Payment and Fees. As specified in the SOW, Customer will remit to Stord the Shipment Protection fees collected by Customer. If the U-PIC Program on an aggregate basis is operating at a higher than anticipated claim premium level, the Shipment Protection fees may be updated with thirty (30) days’ notice to Customer.
6. Warranty Disclaimer. THE SHIPMENT PROTECTION SERVICES ARE PROVIDED “AS IS” AND STORD HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. STORD SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. STORD MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, STORD IP, THIRD-PARTY PRODUCTS OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER PLATFORM, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, STORD HEREBY DISCLAIMS (FOR ITSELF AND ITS SUPPLIERS) ANY WARRANTY THAT ANY INFORMATION CONTAINED IN ANY THIRD-PARTY PRODUCTS HAS BEEN COLLECTED IN COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS OR THAT ANY INFORMATION CONTAINED IN THE THIRD-PARTY PRODUCTS IS CURRENT OR ERROR-FREE. STORD MAKES NO REPRESENTATION OR WARRANTY REGARDING COVERAGE UNDER ANY POLICY. QUESTIONS REGARDING SCOPE OF COVERAGE SHOULD BE DIRECTED TO U-PIC OR THE INSURER.
7. Limitation of Liability for Shipment Protection Services. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS STORD AND ITS AFFILIATES, ON BEHALF OF STORD’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO THE USE OR OPERATION OF THE SHIPMENT PROTECTION SERVICES, WHETHER DIRECT, SPECIAL, CONSEQUENTIAL, COLLATERAL, OR INCIDENTAL, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, LOSS OF USE OR INTERRUPTION OF BUSINESS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, STORD’S TOTAL LIABILITY FOR DIRECT DAMAGES HEREUNDER SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). CUSTOMER HEREBY RELEASES STORD, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSURERS, SUCCESSORS, AND ASSIGNS FROM ALL PAST, PRESENT, AND FUTURE ACTIONS, CLAIMS, DEMANDS, DISPUTES, LIABILITIES, AND CAUSES OF ACTION ARISING FROM YOUR USE OF THE SHIPMENT PROTECTION SERVICES. CUSTOMER MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.
8. Indemnification. Stord is not responsible and has no liability for the U-PIC Program or Shipment Protection Services, except to the extent caused by Stord’s gross negligence, willful misconduct, or fraud. Customer further agrees to indemnify, hold Stord harmless, and at Stord’s option defend Stord and its Affiliates from from any and all claims that arise out of the Shipment Protection Services.
9. Contact Information. For any questions related to Shipment Protection Services coverage or claims, please contact U-PIC at 1-800-955-4623, support@u-pic.com (for coverage questions), or claims@u-pic.com for claims questions.